Académique Documents
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Culture Documents
m
Sponsorship for a
partner 40SP
to migrate to
Australia
you, and any members
of your family unit, may become unable to
be granted a visa for
specified periods of time, as set out in
Important - Please read this information migration legislation.
carefully before you
If documents are found to be fraudulent or
complete your application. Once you have
information to be incorrect after the grant
completed your
of a visa, the visa may subsequently be
application we strongly advise that you
cancelled.
keep a copy for your
records.
Who can sponsor
This form 40SP is to be completed
To sponsor a fianc(e) or partner visa
by the sponsor of persons applying
applicant:
for a partner category visa either
outside Australia or in Australia. you must be an Australian citizen,
Australian permanent
If the fianc(e) or partner you are resident or eligible New Zealand citizen;
sponsoring is and
applying outside Australia, your
if you are the holder of a Woman at Risk
fianc(e) or partner will be applying
(subclass 204)
to migrate. If your fianc(e) or
visa granted to you in the past 5 years,
partner is applying in Australia,
the person you are sponsoring must not
your fianc(e) or partner will be
have been your partner or former
applying for permanent residence.
partner when that visa was granted to
In this form, the term migrate
you.
covers both.
For details on partner category visa Additional requirements
processing, see booklet 1, For sponsors of a Prospective Marriage visa
Partner Migration, which is available on the applicant:
Department of you must be at least 18 years of age when
Immigration and Border Protection (the the application is
department) website lodged.
www.border.gov.au/allforms/
For sponsors of a Partner visa applicant:
Further information on partner category if your partner is applying on de facto
migration is available from grounds, you must be
www.border.gov.au or the departments at least 18 years of age when the
enquiry line (see information box on page application is lodged;
4).
if your partner is applying on spouse
grounds, you must be
Integrity of sponsorship at least 18 years of age when the
The department is committed to application is lodged, or, if you are under
maintaining the integrity of the visa and 18, your parent or guardian must
citizenship programmes. In relation to sponsor the visa applicant on your
this behalf, in which case they should
application, if you or a member of your family complete all information on this form.
unit:
provide, or have provided in a previous
application,
fraudulent documents or false or
misleading information (knowingly or
not); and/or
fail to satisfy, or have failed to
satisfy in a previous
application, the Minister for
Immigration and Border
Protection of your or their identity;
this visa application may be refused and
of your fianc(e) or partner in
compelling circumstances, which
include:
if your previous partner has died; or
Partner means your spouse or de
if your previous partner has
facto partner (including same-sex
abandoned the relationship,
partners).
leaving young children; or
If you are an Australian permanent if your relationship with your current
resident or eligible fianc(e) or partner is
New Zealand citizen, you are required to long-standing; or
be usually resident in
if you and your current fianc(e) or
Australia.
partner have children of
Note: If you are an eligible New Zealand your relationship.
citizen who is
sponsoring their fianc(e) or partner, in If you are a current or previous contributory parent
addition to meeting category visa
the usually resident requirement, you holder
must meet health and If you have been granted a permanent
character requirements. After your contributory parent category visa on or
fianc(e) or partner has after 1 July 2009, you are unable to
lodged their complete visa application sponsor a person for a partner or
(which will include your fianc(e) visa for 5 years from your visa
sponsorship application), the department grant date if you were in a married or de
will contact you to facto relationship with that person on or
advise if you need to undertake health before the date you were granted the
and/or character checks. contributory parent category visa.
If you have previously sponsored a partner or been There are some exceptions to this
sponsored as a partner limitation if you can provide compelling
reasons. Compelling reasons may include if
Your partners visa application may be
your partner was unable to migrate with
refused if you are affected by the
you because of a major
following sponsorship limitations that
family illness or other significant
are imposed if you:
obligations, other than financially-
have previously sponsored or related obligations. In this situation,
nominated* 2 other persons the
as a fianc(e) or partner for migration department expects that you will be able
to Australia to provide evidence of a change in
(including sponsorships/nominations circumstances that now allows your
you may have withdrawn but your partner to apply for the Partner or
former fianc(e) or partner obtained Prospective Marriage visa.
permanent residence on family
violence grounds); or
have sponsored another fianc(e) or *
Prior to 1 July 2002, persons who applied in
partner within the last Australia for migration
5 years; or to Australia as a partner were nominated by
were sponsored as a fianc(e) or their partner. Those
partner yourself within the who applied outside Australia as a fianc(e)
last 5 years. or partner were sponsored. Approved
sponsorships or nominations are those that
You may still be approved as sponsor resulted in a visa being granted to the
applicant.
Reducing violence in the community Note: If the visa application
was lodged before 18
The Australian Government is November 2016, the
committed to reducing violence in requirements above do not
the Australian community, including apply to you, even if you submit
family and sexual your Sponsorship form on or
violence. As part of this after 18 November 2016. The
commitment, if you have been requirements above only apply
convicted or charged with certain if the visa application was
offences that may impact lodged on or after 18 November
upon your eligibility to be approved 2016.
as a sponsor. In order for
a visa to be granted you must give
the department permission Protection of children
to disclose any convictions to the The Australian Government is
visa applicant. Further, also committed to protecting
where a visa applicant is under 18 children against child sex
years of age the department offences and other serious
asks for your permission to disclose offences which may pose a
convictions to any other significant risk to a child.
person who can lawfully determine
If you have been charged with a
where the child lives.
registrable offence your
The department may ask you to sponsorship cannot be
provide one or both of the approved and the visa
following: application must be refused if
an Australian National Police check one or more visa applicant is
(NPC) for you; and/or under the age of 18 when the
a foreign police check for every department assesses and
country in which you have decides your sponsorship
lived for a period of 12 months or unless the charges have been:
more or a total period of withdrawn; or
at least 12 months since the dismissed; or
latest of the following dates: otherwise disposed
--10 years before the date of the of without the
request to provide the recording of a
police check(s); or conviction.
--the date you turned 16. If you have been convicted of a
The department may refuse the visa registrable offence, subject to
application if: certain limited circumstances,
you are asked to provide the your sponsorship must be
police checks but do not refused if one or more visa
provide them within a applicant is under the age of
reasonable time; or 18
you have been convicted of a when the department
relevant offence/offences assesses and decides your
(listed later in this form) and you sponsorship
have a significant criminal unless the conviction has been
record in relation to these relevant quashed or otherwise set aside.
offences.
If grounds to refuse your
sponsorship exist, the sponsorship
may still be approved if it is
reasonable to do so, for example,
after considering the length of
time since you completed the
sentence, the effect a refusal
decision may have on any
children or the length of the
relationship between you and the
visa applicant.
Exempt persons
The following people do not have to
be a registered migration agent in
s
Part B - Your details
2 Your full name (as shown in your passport or travel
3 Name in your own language or script (if applicable)
document)
a
4 Other ways you spell your name
m
F
i
a
l
m
y
i
l
n
y
a
m
n
e
a
G e
n
Attach
a proof of
citizenship
m and length
of
e residence
s
Permanent resident Date of arrival in
Australia
of Australia DAY MONTH
YEAR
5 Sex Male Female
Attach proof of
DAY MONTH YEAR
length of
6 Date of birth residence
1. Country
DAY MONTH YEAR
D
a
t
e
a
c
q
u
i
r
e a
d c
q
u
H i
o r
w e
d
a ?
c
10 Details from your passport
q
Passport number
u
i Country of passport
DAY MONTH YEAR
r
Date of issue
e DAY MONTH YEAR
d D
a
?
t
e
2. Country
DAY MONTH YEAR o
D f
a
e
t x
e p
i
r
a y
c
q I
u s
s
i
u
r i
e n
g
d
a
u
t
H h
o o
r
w
i
t s
y h
/ o
w
n
P
l i
a n
c
e y
o
o u
f r
i
s p
s a
u s
e s
p
a o
s r
t
11 Your current residential address a
POSTCODE
e
n
POSTCODE
Fax number ( ) ( )
Email address
Note: You must inform the department if your relationship 25 Since you and the visa applicant committed to a
ends before your fianc(e) or partners visa application is shared life together to
decided. the exclusion of all others, have you lived separately
and apart for any
Your current relationship details
p
21 What is your current relationship status with the visa e
applicant? r
DAY
i
MONTH o
d
YEAR
Place of marriage
o
r
MONTH
YEAR
Yes When did you first meet?
Where did you first meet? 26 Were you forced or coerced into entering this
relationship with the
visa applicant?
24 When did you and the visa applicant DAY No
MONTH YEAR Yes
commit to a shared life
together to the exclusion
POSTCODE
Your previous relationship details Name of overseas
If insufficient space, give additional details at Part L post/Australian office where
sponsorship or nomination was
27 Have you been married to a person other than the current visa lodged
applicant (including if you are still legally married to that
person)?
No Was a visa granted?
DAY
Yes Name of previous spouse
MONTH
MONTH
YEAR
a
DAY MONTH
YEAR
m
Date of birth
i
Given i m
names v e
Family MONTH
name n YEAR
Date of birth of
Dat person sponsored/
e nominated
rel Relationship to you (spouse, de facto
atio partner, fianc(e), interdependent partner)
2 nsh
9 ip Name of overseas
sta post/Australian office where
sponsorship or nomination was
rte
lodged
d YEAR
Dat
Was a visa granted?
e
D
A
rela Y
tion
M
shi O
N
T
p H
en
de
d
Name of person
sponsored/nominated at time of
sponsorship or nomination
a
No
Date relationship
Yes ended
Date visa How relationship
was granted
MONTH YEAR ended (eg.
DAY
divorce, death)
MONTH
YEAR
Family name
Given names
Relationship
to you
(spouse, de
facto partner,
fianc(e),
interdepen
dent
partner)
30 Were you sponsored/nominated to Australia as a spouse, The visa applicants previous relationship
de facto details
partner, prospective spouse (fianc(e)) or interdependent If insufficient space, give additional details at Part L
partner?
No 32 Has the visa applicant been married to a person
other than you
Yes Give details
DAY MONTH (including if they are still legally married to that
YEAR
person)?
Date of sponsorship/nomination
No
Name of overseas Yes Name of previous spouse
post/Australian office where
sponsorship or nomination
was lodged DAY
MON
TH
DAY MONTH YEAR
Date YEAR
DAY
MONT
H
YEAR
Date of birth
Date
34
relationsh
e
Has the visa applicant ever been engaged to be
s l married to a person other than you?
t a No
Yes Name of previous fianc(e)
a t
r i DAY
t o MONT
H
e n
YEAR
d s Date of birth
h Date
i relationsh
D p ip started
a Date
t e relationsh
e n ip ended
r
e
s
i
d
e
n
c
e
C
i
t
i
z
e
n
s
h
i
p
MONTH
Date of birth
MONTH Date of birth
Country of
Date of birth Country of
current
Country of current residence Citizenship
residen
current
ce
residence 4. Family name
Citizens
Citizenship
hip Given names
DAY MONTH
3. Family name
2. Family name Date of birth
Given names Country of
Given names
DAY current residence Citizenship
DAY
m d
e
i
n
l c
e
YEAR y
Male Female
7. C
n it
i
a
z
m e
e n
s
YEAR h
Male Female i
8.
G p
i
F
v
a
e
m
n
YEAR i
Male Female
l
n
y
a
m
n
e
a
s
m
DAY MONTH
YEAR
e
Date of birth
Male
Female
Country of
c G
u
i
r
r v
e e
n
n
t
r n
a s e
h
m s
i
DAY MONTH YEAR
e p
Date of birth Male
s Female
DAY MONTH
F Country of
YEAR
a c
Date of birth
Male u
m
Female r
Country of i r
c l e
u n
y
r t
r r
e e
n
n s
t a i
m d
r e
e
e n
s c
i e
d
G
e C
n i it
c v i
e z
e
e
C n n
i s
t h
i n i
z a p
e
m
n
Part F - Protection of children
36 Are you sponsoring a child aged under 18 years?
No
Yes
includ
ing
but
not
limite
d to:
child
abus
e,
child
sex,
enda
ngeri
ng a
child,
indec
ent
deali
ngs
sex,
enda
ngeri
ng a
child,
indec
ent
deali
ngs
with
a child, or possession of child pornography? No Yes
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
FROM
TO
39 Have you ever: If you answered Yes to any of the questions at
in addition to any crime or offence disclosed in Question 39, you must give ALL relevant details. If the
response to Question 37, been convicted of a matter relates to a criminal conviction, please give
crime or offence in any the nature of the offence, full details of the sentence
country (including any and dates of any period of imprisonment or other
conviction which is now detention.
removed from official
records)? No
Yes
in addition to any crime or offence disclosed in
response to Question
37, been charged with
any offence that is
currently awaiting legal
action? No
Yes
been acquitted of any criminal offence or
other offence on the grounds of mental illness,
insanity or unsoundness of mind? No
Yes
been removed or deported from any country
(including Australia)? No
Yes
left any country to avoid being removed or
deported? No
Yes
been excluded from or asked to leave any
country (including Australia)? No
Yes
committed, or been involved in, the commission
of war crimes or crimes against humanity or
human rights? No
Yes The department may ask you to provide Australian
been involved in any activities that would or foreign police checks to assess if you have any
represent a risk to Australian national security? No relevant offences and a significant criminal record.
Yes
A relevant offence is defined for these purposes as
had any outstanding debts to the Australian an offence against a law of the Commonwealth, a
Government or any public authority in Australia? No state, a territory or a foreign country, involving any of
Yes the following matters:
been involved in any activity, or been convicted violence against a person, including (without
of any offence, relating to the illegal movement limitation) murder,
of people to any country (including Australia)? No assault, sexual assault and the threat of
Yes violence;
served in a military force or state the harassment, molestation, intimidation or stalking
sponsored/private militia, undergone any of a person;
military/paramilitary training, or been the breach of an apprehended violence order, or a
trained in similar order,
weapons/explosives use (however issued under a law of a state, a territory or a foreign
described)? country;
firearms or other dangerous weapons;
No people smuggling;
human trafficking, slavery or slavery-like practices
Yes (including forced
p b
a l
r i
t c
n
e h
r o
u
s
i
S n
i g
b Rent
l 48
i Other Specify
n
45 Will the person you are sponsoring be living
g
with you?
Other Specify
No What accommodation do you
propose for the person
Ms Other
Family name
POSTCODE
Office hours ( ) ( )
Mobile/cell
Is the person an agent registered with the Office of the Yes
Migration Agents Registration Authority (Office of the MARA)?
No
Part J - Options for
Yes Go to Part J
receiving written
Is the person/agent in communications
Australia?
All written communications about this application
No Go to Part J
should be sent to:
Yes (Tick one box only)
Did you pay the person/agent and/or give a gift for this Myself
assistance? OR
No Authorised You should complete form
956A Appointment
recipient
or withdrawal of an authorised
ORrecipient
Migrati
on Your migration agent/exempt
agent
person should complete form 956
ORAdvice by a migration
agent/exempt person of providing
immigration assistance
Exempt
person
Part K - o
r
Undertaking,
declaration,
acknowledgement
and consent
51 Undertaking
For sponsors of a Prospective Marriage visa
applicant:
I agree to accept responsibility for:
all financial obligations to the
Commonwealth incurred by my
fianc(e) arising from their stay in
Australia;
my fianc(e)s compliance with all relevant
legislation and awards in
relation to any employment they enter into in
Australia;
my fianc(e)s compliance with the conditions of their
Prospective
Marriage visa.
For sponsors of a Partner visa applicant:
I agree to assist my partner, to the extent necessary:
financially;
in relation to accommodation in the first 2
years immediately
after their Partner visa is granted (if they
were granted the visa in
Australia) or their first entry to Australia as a
holder of the Partner visa (if they were
granted the visa outside Australia).
S
i
g
n
a
t
u
r
e
o
f
s
p
o
n
s
my partner may be granted the permanent Partner visa even if my fianc(e)s or partners visa application may be
refused or their
our relationship breaks down and I withdraw my sponsorship
(for visa cancelled if I have given false or misleading
information or
example, on grounds of family violence or child of the
relationship); bogus documents;
if the relationship between my fianc(e) or partner breaks down, the visa application may be refused if I dont provide
a police check
Australian privacy laws prevent me from receiving further advice
if one is requested or if I have convictions for relevant
or information in relation to the progress or status of
offences and
their visa application;
a significant criminal record;
I cannot sponsor another fianc(e) or partner until 5 years have
the visa application will be refused if I dont consent
passed from the date my current fianc(e) or partner makes to the
their
department disclosing my convictions to the visa
application, unless I have compelling circumstances; applicants.
-
Signature
Name
of sponsor -
DAY MONTH YEAR
Declaration
Date WARNING: Giving false or misleading information or documents is
a
serious offence.
Consent
I declare that:
I consent to:
the information I have given in this form is i
complete, correct and g
up-to-date; n
I will inform the department, in writing, if a
my relationship with t
my fianc(e) or partner breaks down, they u
die or I withdraw my r
sponsorship; e
o
f
s
p
o
n
s
o
r
-
Name
DAY MONTH YEAR
Date